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When is Divorce Mediation Appropriate?

When is Divorce Mediation Appropriate?

January 30, 2023

By Johnson/Turner Legal

When is Divorce Mediation Appropriate?

January 30, 2023

By Johnson/Turner Legal

Divorce is never easy, but working with a professional mediator can help move things along. Here’s when you should consider divorce mediation.

Did you know that divorce mediation can save you time and money, is fair for all parties involved, and is strictly confidential?

Divorce mediation is an alternative to traditional divorce litigation, which can be expensive, time-consuming, and emotionally draining.

Mediation is a suitable option for couples who are willing to work together to find mutually beneficial solutions.

Despite the many benefits of working with a divorce lawyer, people often struggle to figure out whether or not it is necessary for them to go through the divorce mediation process.

To help clear up confusion, we have put together a guide. Keep reading to find out more.

What Is Divorce Mediation?

Divorce mediation is a process in which a neutral third party, called a mediator, helps separate couples to resolve disputes. This can help them to make decisions about their divorce.

The mediator does not take sides or make decisions for the couple. Their role is to facilitate communication. They will also assist the couple to negotiate and reach their own agreements.

The mediator is typically a trained professional with experience in conflict resolution.

The couple seeking divorce are the primary participants in the mediation process. But they may choose to have their own divorce attorneys present to advise them.

Mediation can be an alternative to traditional divorce litigation. Many couples prefer to avoid this process because it involves taking the case to divorce court.

This can be expensive, time-consuming, and emotionally draining for the couple. Mediation is often more efficient. It is also a less confrontational way to reach a divorce settlement.

Divorce mediation is usually right for couples who are able to communicate effectively and who are willing to work together to find mutually beneficial solutions.

If you are interested in divorce mediation, it is a good idea to hire a divorce coach.

Why Divorce Mediation Might Be Appropriate

One great reason to consider divorce mediation is cost. Even though you will need to hire a divorce attorney, you won’t need to worry about paying expenses related to going to court.

Mediation can also be a more efficient way to settle the case. By doing this, you won’t need to wait for a court to schedule a hearing and make a decision.

This means that you can work with the mediator to come to an agreement on their own terms.

Another benefit of mediation is confidentiality. The discussions that take place during mediation are private and are not part of the public record.

This can be important for those who want to keep their personal business out of the public eye.

Mediation can also offer the couple more freedom and control over the outcome of their divorce. In traditional divorce litigation, the judge makes the final decisions about the terms of the divorce.

In mediation, the couple has the ability to come to their own agreements and make their own decisions about their future.

Finally, mediation can be a more effective means of communication for some couples. The mediator can help facilitate communication and guide the couple toward finding mutually beneficial solutions.

This can be especially helpful for couples who may have trouble communicating effectively on their own.

Why Divorce Mediation May Not Be Appropriate

There are certain circumstances in which divorce mediation may not be an appropriate option.

If one spouse has a history of domestic abuse, it may not be safe or appropriate for the couple to participate in mediation. In these cases, it may be necessary to seek other options.

This might include traditional divorce litigation or seeking a protective order.

If one spouse has a history of being untrustworthy or has engaged in manipulative behavior, divorce mediation might not be right for your needs.

If one spouse is trying to delay the proceedings or is not fully committed to the mediation process, divorce mediation also might not be effective.

This is because mediation requires the full participation of both spouses in order to be successful.

Lastly, divorce mediation might not be right for your needs if your spouse has hired a lawyer. This might be a sign that they are not interested in resolving the divorce through mediation.

In these cases, the other spouse may need to consider other options. This could include traditional divorce litigation.

What to Know About the Divorce Mediation Process

The divorce mediation process typically begins with an initial consultation. The couple and the divorce mediator will need to be present for this meeting.

During this consultation, the mediator will explain the process and answer any questions the couple may have. The couple will also have the opportunity to discuss their goals for the mediation.

Once the couple has decided to move forward with mediation, the mediator will work with them to schedule regular mediation sessions. These sessions can be held in person or remotely.

During the mediation sessions, the mediator will facilitate communication between the couple. The mediator will also help them to identify their shared interests.

The mediator will also assist the couple in brainstorming and negotiating potential solutions to the issues in their divorce. This might include the division of assets, child custody and support, and alimony.

The mediator does not make decisions for the couple. Their job is to help them to come to their own agreements.

If the couple is able to reach an agreement, the mediator will draft a written agreement. It will be necessary to submit this document to the court for approval.

Understand if Divorce Mediation Is Right for You

If you are not sure if divorce mediation is right for your needs, there are several things to know.

A divorce mediator can help you to settle disagreements. It is also important to understand that divorce mediation is confidential.

Do you need to hire a divorce lawyer in Minnesota? If so, keep in mind that Johnson/Turner Legal is committed to helping you create the next chapter of your life.

Don’t hesitate to visit our Minnesota Divorce Lawyers page to find out more about our services!

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